Law:

Section:

Penal Code (XLV of 1860), S. 302-Acquittal-Order of High Court acquitting accused based on proper appreciation of evidence ­Lodging of F. I. R. after much delay not satisfactorily explained­ Special Leave to Appeal against acquittal refused by Supreme Court. Muhammad Rashid Chughtai, Advocate Supreme Court, instructed by Abdul Karim, Advocate-on-Record for Petitioner. Nusratullah, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record- for Respondent No. 3. Nemo for Respondents Nos. 1 and 2. Date of hearing : 27th February 1970. ORDER WAHIDUDDIN AHMAD, J.-Respondents Iqbal and Abdur Rahman were tried by the learned Additional Sessions Judge, Bahawalpur at Bahawalnagar under section 302/34, P. P. C. for the murder of Muhammad Khan on the 4th December 1966, at Isha time in the fields of village Chaweka at a distance of about 12 miles from the Police Station, Sadar, Bahawalnagar. Both the respondents were convicted by judgment dated the 31st January 1968. Iqbal was sentenced to death and Abdur Rabman to transportation for life. In Murder Reference No. 55 of 1966 (Criminal Appeal No. 85 of 1968), a Division Bench of the West Pakistan High Court, Lahore, by judgment dated the 27th November 1968, set aside the conviction of the respondents and acquitted them. The petitioner seeks special leave to file an appeal against the said order. The prosecution case is that Iqbal respondent suspected his sister Mst. Manzooran to be on illicit relation with deceased Muhammad Khan. Iqbal and Abdur Rabnian respondents are friends. At Isha prayer time, on the fateful night, Sajawara P. W. 2 was smoking huqqa at the house of his uncle Kamal when Riaz son of Haji Joya arrived. Riaz had come to fetch food. Kamal told him that Muhammad Khan bad left after taking his meal and had not yet returned. Riaz informed him that he had met Muhammad Khan in the company of lqbal and Abdur Rahman respondents at the Chak who had told him that they were going to the Tubewell of Sadiq to fetch a donkey. Thereupon, Kamal expressed that it was not proper for Muhammad Khan to go with Iqbal and Abdur Rahman and asked Riaz to go and bring him back. Sajawara and Riaz then went to bring Muhammad…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492